Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Mikulski [2016] FCA 1037 Appeal from: Brown v Mikulski & Anor [2016] FCCA 683
File number: NSD 825 of 2016
Judge: GLEESON J
Date of judgment: 1 September 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – transfer of property prior to bankruptcy – appeal from a judgment of the Federal Circuit Court of Australia declaring that the transfer of a property is void as against the first respondent – consideration of s 121 of the Bankruptcy Act 1966 (Cth) –appeal allowed
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Sandell v Porter (1966) 115 CLR 666 Swinburne v David Syme & Co [1909] VLR 550; (1909) 15 ALR 579 Woolworths Ltd v Director of Liquor Licensing [2012] WASC 384
Date of hearing: 10 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 53
Counsel for the Appellant: Mr BJ Skinner
Solicitor for the Appellant: Sullivans Solicitors
Counsel for the Respondent: Mr RD Marshall with Mr EA Walker
Solicitor for the Respondent: Roberts Legal
ORDERS NSD 825 of 2016
BETWEEN: DEAN SCOTT BROWN Appellant
AND: BENJAMIN NORMAN MIKULSKI Respondent
JUDGE: GLEESON J DATE OF ORDER: 1 september 2016
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders of the Federal Circuit Court made on 13 May 2016 are set aside. 3. The respondent pay the appellant's costs of the appeal. 4. The respondent is entitled to be indemnified out of the bankrupt estate of Angela Flora Moutinho-Brown for his costs of the appeal on a solicitor client basis. 5. Liberty to apply within seven days for any further orders required to give effect to the judgment delivered today. THE COURT DECLARES THAT: 6. The transfer of the interest of the bankrupt in the property known as 7/9-9A Gannon Avenue, Dolls Point, New South Wales, being Folio Identifier 7/33255, to the appellant on 30 May 2012 is not void against the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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